Judgment Dharam Chand Chaudhary, J. Heard. 2. Challenge herein is to the order dated 5.7.2013, passed in an application under Order 1 Rule 10 of the Code of Civil Procedure registered as CMA (Civil Suit No.49 of 2007) No.196 of 2013, by learned Civil Judge (Senior Division), Kangra at Dharamshala. 3. From the perusal of the record, particularly the application under Order 1 Rule 10 CPC (Annexure P-3), filed by the petitioner for impleadment as defendant in the main suit, nothing can be made out as to how he is a necessary party in the suit. His plea that the plaintiff-1st respondent herein has made encroachment over his adjoining land by raising construction of the house, is not supported by any evidence such as demarcation report/Tatima etc., to show prima facie that he is a necessary party in the suit and that the same cannot be decided effectively and judiciously without him being on record as defendant. 4. Confronted with the situation, learned counsel representing the petitioner seeks permission to withdraw this petition and also the application Annexure P-3 with liberty reserved to file fresh application in the trial Court. Liberty granted. The order dated 5.7.2013 impugned in this petition is, therefore, quashed and the petition is accordingly dismissed as withdrawn. 5. Learned counsel representing the petitioner has pointed out from the record that learned trial Judge having recuse to hear another suit between the same parties i.e. the petitioner and plaintiff/respondent No.1 as per order Annexure P-7 passed therein on 19.6.2013, how he could have entertained the application Annexure P-3 between the same parties i.e. the petitioner and respondent No.1-plaintiff, and dispose it of vide impugned order dated 5.7.2013, after few days of recusing to hear another suit. The submissions so made by learned counsel assume considerable significance. Therefore, before parting, it is deemed appropriate to go into this aspect of the matter, however, on administrative side. Consequently, Registrar (Vigilance) on the establishment of the Registry of the High Court is directed to examine this matter and put up before Hon'ble the Chief Justice for appropriate action, as warranted. 6. The petition stands disposed of so also the pending application(s), if any.